DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status Claims
This action is in response to amendment filed 20 August 2025. Claims 1 and 9 have been amended. Claims 1-9 are currently pending and have been examined.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Step 1: The claims 1-9 are an apparatus and claim 19 is a method. Thus, each independent claim, on its face, is directed to one of the statutory categories of 35 U.S.C. §101.
However, the claims 1-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 2A-Prong 1: independent claim recites the limitation of retains a common database accessible by a terminal used by each of one or more business offices belonging to a consortium and a rule for calculating a preferential treatment to be provided to each of the one or more business offices, the common database retains information registered from the terminal, and the acquires information from the common database in response to a request from the terminal, transmits the information to the terminal to present the information to a business office owning the terminal, determine whether there is a security concern with the information, and when it is determined that there is security conger, discard the received information without displying or disply an temporally stores the information in a log, and output an alert indicating the security concern wherein to discard the information or temporally store the information is determined based on check of a communication path of the consortium operation apparatus; aggregates a registration record of information into the common database and a presentation record of information registered in the common database for each terminal, and provides the preferential treatment to each of the one or more business offices based on the aggregated registration record, the aggregated presentation record, and the rule.
The calculation limitation as drafted, is process that, under its broadest reasonable intepration, the claims convers calculating a preferential treatment (such as fee reduction ) to be provided to each of the one or more business offices of the limitation in mind, but for recitation of generic computer components. That is other than reciting “ a processor”, nothing in the claims precludes the calculating step form practically being performed in the human mind. For example, but for the processor language, the claims encompass the user manually calculating amount database storage fee for each office. This limitation is amental process.
The claims is also as a whole recites a method of organizing human interactions. The claimed invention is a method allows business office (person) acquires information from the common database in response to a request and aggregates a registration record of information into the common database and a presentation record of information registered in the common database for each terminal, and provides the preferential treatment to each of the one or more business offices based on the aggregated registration record, the aggregated presentation record, and the rule, which is a method of managing interactions between people. The mere nominal recitation of a generic processor and generic storage does not take the claim out of the methods of organizing human interactions grouping. Thus, the claim recites an abstract idea.
Step 2A-Prong 2: The claim as a whole merely describes how to generally “apply” the concept of storing and updating patient information in a computer environment. The claimed computer components are recited at a high level of generality and are merely invoked as tools to perform an existing acquiring and registering process.
The transmitting step is recited at a high level of generality (e.g., as general means of sending/receiving/outputting information in response request from to terminal) and amounts to mere data gathering, which is a form of insignificant extra-solution activity. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. The combination of these additional elements is no more than mere instructions to apply the exception using a generic computer component (the processor, storage/database terminal). Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to the abstract idea.
Step 2B: As discussed with respect to Step 2A Prong Two, the additional element in the claim amounts to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. The claim is ineligible.
Dependent claims 2-8, these claims recited limitation that further defines the abstract idea noted in claim 1. These claims do not contain any futher additional elements per step 2A prong 2. Therefore, they are considered patent ineligible for the reason give above.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hoffman et al (US Pub., No., 2003/0083947 A1) in view of Herz et al (US Pub., No., 2013/00097664 A1)
With respect to claim 1, Hoffman teaches a consortium operation (paragraph [0007], discloses supply chain consortium utilizing a network ..) apparatus comprising:
a processor; and a storage apparatus(Figs., 1A-B 122, discloses data warehouse received data, store date and paragraph [0420], dislcies a central processing unite 4510 such as a microprocessor ), the common database retains information registered from the terminal (Fig. 1A-B , 11, discloses data warehouse, Fig. 92, 9232, dislcies registering a plurlity of stores of a supply Chain utilizing a network and paragraph [0580], discloses supply chain are registered utilizing the Internet operation … ) , and the processor includes an application specific integrated circuit or a field-programmable gate array that is configured to (paragraph [0420] discloses particular forward module executed on any components of the system .., hardware configuration of a workstation .. ..);
acquires information from the common database in response to a request from the terminal transmits the information to the terminal to present the information to a business office owning the terminal (paragraph [0561], discloses information is extracted in operation 5238 from the database relevant to the distributor parameters in response to the request. The information is then transmitted from the database to the distributor utilizing the network in operation 5240 and a number of raw materials purchased);
determine whether there is a security concern with the information, and when it is determined that there is the security concern, discard, the received information without displaying or display and temporarily stores that information in a log, and output an alert indicating the security concern, wherein where to discard the information or temporarily store the information is determined based on a check of a communication path of the consortium operation apparatus(Fig. 79, discloses allow or deny status response information [discard], paragraphs [0878]-[0881], discloses do not reproduce user’s data/information unless specially permitted by the user.., refrain from disclosing a user’s data/information to third parties unless written consent in proved by the user paragraphs [0882]-[0888], discloses access policy .., clearly defined access policies may be helpful to the success for implementing and sustaining a secure web portal.., the ability to grant access right occurs .., access polity need to defined access right and privilege to protected …); and
aggregates a registration record of information into the common database and a presentation record of information registered in the common database for each terminal (paragraph [1704], discloses aggregated in a database in operation 10840. The aggregated information is subsequently transmitted to the distributor utilizing the network in operation).
Hoffman teaches the above elements including wherein the storage apparatus retains a common database accessible by a terminal used by each of one or more business offices belonging to a consortium (Figs. 1A-B, discloses data warehouse paragraphs [0263]-[0273], discloses supply chain participants may also include brand owners [one or more business office] ,and paragraph [0301], discloses advantaging being able to share and update a common data base at the convenance of all user ..) ), calculating a projected daily usage of the promotion item for a plurality of location based on the data and outputting the projected daily usage of the promotion item utilizing a network with TCP/IP protocol (Fig. 37), calculating a projected parameter amount associated with the supply chain distribution based on the growth value (Fig. 199). Hoffman failed to teach the corrosinding calculation is for calculating a preferential treatment to be provided to each of the one or more business offices and provides the preferential treatment to each of the one or more business offices based on the aggregated registration record, the aggregated presentation record, and the rule.
However, Herz teaches a rule for calculating a preferential treatment to be provided to each of the one or more business offices and provides the preferential treatment to each of the one or more business offices based on the aggregated registration record, the aggregated presentation record, and the rule ( paragraphs [1171]- [1175], discloses each vendor given exclusive right to information about offers .., full time purchase competition …, vendor more vendors to sign into the SDI/community-dollars scheme, to be exempted from ad replacement technology and receive other preferential treatment). Therefore, it would have been obvious to the one ordinary skill in the art for the calculating a projected parameter amount associated with the supply chain distribution based on the growth value Hoffman with time-of-purchase competition scheme of Herz in order to encourage more vendors to sign into the SDI/ community-dollars scheme, to be exempted from ad replacement technology and receive other preferential treatment(Herz, paragraph [1174]).
With respect to claim 2, Hoffman in view of Herz teaches elements of claim 1, furthermore, Hoffman teaches the consortium operation paragraph [0007], discloses supply chain consortium utilizing a network . apparatus wherein the common database (Fig. 1A-B , 11, discloses data warehouse,), stores common dictionary information in which a business-office-specific term and a general term used by each of the one or more business offices are associated with each other, common structured ID information indicating common structured IDs that hierarchically indicate a constituent element of an event occurring in each of the one or more business offices, and common relationship link information indicating a common relationship link indicating that there is a relationship between the common structured IDs (Fig. 86 discloses directory structure relational structure, paragraphs [0098], discloses hierarchies in accordance with one embodiment, and paragraphs [1179]-[1182], dislcies supplier (company ID) or the organization…).
With respect to claim 3, Hoffman in view of Herz teaches elements of claim 2, furthermore, Hoffman teaches the consortium operation (paragraph [0007], discloses supply chain consortium utilizing a network .) apparatus
wherein the processor acquires, from the common relationship link information, a common relationship link including a constituent element of an event indicated by the request from the terminal, acquires, from the common structured ID information, structured ID linked in the acquired common a common relationship link(Fig. 86 discloses directory structure relational structure, paragraphs [0098], discloses hierarchies in accordance with one embodiment, and paragraphs [1179]-[1182], dislcies supplier (company ID) or the organization…) and transmits, to the terminal, the acquired common relationship link and the acquired common structured ID information (paragraph [1172], discloses data owners’ administrator to setup a relationship with another party in the portal that allow party to view and access data entity ).
With respect to claim 4, Hoffman in view of Herz teaches elements of claim 2, furthermore, Hoffman teaches the consortium operation(paragraph [0007], discloses supply chain consortium utilizing a network .)apparatus
wherein the processor executes conversion processing of converting a general term contained in the information acquired from the common database into a business-office-specific term of the business office owning the terminal with reference to the common dictionary information, and transmits, to the terminal, the information subjected to the conversion processing (paragraph [0535]-[0550], discloses actual registration may be accomplishing manually, .., information that can be collected may include for example …, and paragraph [0590], discloses effective plan purchase and inventory)
With respect to claim 5, Hoffman in view of Herz teaches elements of claim 2, furthermore, Hoffman teaches the consortium operation (paragraph [0007], discloses supply chain consortium utilizing a network) apparatus wherein each of the common structured IDs in the common structured ID information is provided with an identifier for ensuring uniqueness using predetermined encryption processing((Fig. 86 discloses directory structure relational structure, paragraphs [0098], discloses hierarchies in accordance with one embodiment, and paragraphs [1179]-[1182], dislcies supplier (company ID) or the organization…, paragraph [0484], discloses involves encryption data before sending to through the public network and paragraph [1734], dislcies electronic order form may be encrypted) .
With respect to claim 6, Hoffman in view of Herz teaches elements of claim 2, furthermore, Hoffman teaches the consortium operation (paragraph [0007], discloses supply chain consortium utilizing a network .) apparatus
wherein each of the common structured IDs is generated from information obtained from an application used by the one or more business offices ( paragraph [0580], discloses each of the stores, distributes and supplier is assigned an identider …).
With respect to claim 7, Hoffman in view of Herz teaches elements of claim 1, furthermore, Hoffman teaches the consortium operation (paragraph [0007], discloses supply chain consortium utilizing a network) apparatus, Hoffman failed to teach wherein the preferential treatment is reduction of a membership fee to be paid to an operator of the consortium by each of the one or more business offices, and the rule is determined such that a reduction rate of the membership fee increases as the aggregated registration record and the aggregated presentation record increase
However, Herz teaches wherein the preferential treatment is reduction of a membership fee to be paid to an operator of the consortium by each of the one or more business offices, and the rule is determined such that a reduction rate of the membership fee increases as the aggregated registration record and the aggregated presentation record increase (paragraphs [1171]- [1175], discloses each vendor given exclusive right to information about offers .., full time purchase competition …, vendor more vendors to sign into the SDI/community-dollars scheme, to be exempted from ad replacement technology and receive other preferential treatment and paragraph [1248], discloses payment of fees ). Therefore, it would have been obvious to the one ordinary skill in the art for the calculating a projected parameter amount associated with the supply chain distribution based on the growth value Hoffman with time-of-purchase competition scheme of Herz in order to encourage more vendors to sign into the SDI/ community-dollars scheme, to be exempted from ad replacement technology and receive other preferential treatment(Herz, paragraph [1174]).
With respect to claim 8, Hoffman in view of Herz teaches elements of claim 7, furthermore, Hoffman teaches the consortium operation (paragraph [0007], discloses supply chain consortium utilizing a network) apparatus wherein the storage apparatus retains an individual database for each of the one or more business offices, the individual database being accessible only by the own business office(Fig. 1A-B , 11, discloses data warehouse, Fig. 92, 9232, dislcies registering a plurlity of stores of a supply Chain utilizing a network and paragraph [0580], discloses supply chain are registered utilizing the Internet operation … ). Hoffman failed to teach determines the rule such that the membership fee increases as the number of individual event registrations into the individual database and the number of users accessible to the common database increase
However, Herz teaches determines the rule such that the membership fee increases as the number of individual event registrations into the individual database and the number of users accessible to the common database increase(paragraphs [1171]- [1175], discloses each vendor given exclusive right to information about offers .., full time purchase competition …, vendor more vendors to sign into the SDI/community-dollars scheme, to be exempted from ad replacement technology and receive other preferential treatment and paragraph [1248], discloses payment of fees ). Therefore, it would have been obvious to the one ordinary skill in the art for the calculating a projected parameter amount associated with the supply chain distribution based on the growth value Hoffman with time-of-purchase competition scheme of Herz in order to encourage more vendors to sign into the SDI/ community-dollars scheme, to be exempted from ad replacement technology and receive other preferential treatment(Herz, paragraph [1174]).
With respect to claim 9, Hoffman teaches a consortium operation method performed by a consortium operation apparatus , wherein the consortium operation apparatus retains (paragraph [0007], discloses supply chain consortium utilizing a network)
a, common database accessible by terminal used by each of one or more business offices belonging to a consortium (Fig. 1A-B , 11, discloses data warehouse, Fig. 92, 9232, dislcies registering a plurlity of stores of a supply Chain utilizing a network and paragraph [0580], discloses supply chain are registered utilizing the Internet operation … );,
causing the consortium operation apparatus to acquires information from the common database in response to a request from the terminal transmits the information to the terminal to present the information to a business office owning the terminal (paragraph [0561], discloses information is extracted in operation 5238 from the database relevant to the distributor parameters in response to the request. The information is then transmitted from the database to the distributor utilizing the network in operation 5240 and a number of raw materials purchased);
causing the consortium operation apparatus to determine whether there is a security concern with the information, and when it is determined that there is the security concern, discard, the received information without displaying or display and temporarily stores that information in a log, and output an alert indicating the security concern, wherein where to discard the information or temporarily store the information is determined based on a check of a communication path of the consortium operation apparatus(Fig. 79, discloses allow or deny status response information [discard], paragraphs [0878]-[0881], discloses do not reproduce user’s data/information unless specially permitted by the user.., refrain from disclosing a user’s data/information to third parties unless written consent in proved by the user paragraphs [0882]-[0888], discloses access policy .., clearly defined access policies may be helpful to the success for implementing and sustaining a secure web portal.., the ability to grant access right occurs .., access polity need to defined access right and privilege to protected …); and
causing the consortium operation apparatus to aggregates a registration record of information into the common database and a presentation record of information registered in the common database for each terminal (paragraph [1704], discloses aggregated in a database in operation 10840. The aggregated information is subsequently transmitted to the distributor utilizing the network in operation).
Hoffman teaches the above elements including wherein the storage apparatus retains a common database accessible by a terminal used by each of one or more business offices belonging to a consortium (Figs. 1A-B, discloses data warehouse paragraphs [0263]-[0273], discloses supply chain participants may also include brand owners [one or more business office] ,and paragraph [0301], discloses advantaging being able to share and update a common data base at the convenance of all user ..) ), calculating a projected daily usage of the promotion item for a plurality of location based on the data and outputting the projected daily usage of the promotion item utilizing a network with TCP/IP protocol (Fig. 37), calculating a projected parameter amount associated with the supply chain distribution based on the growth value (Fig. 199). Hoffman failed to teach the corrosinding calculation is for calculating a preferential treatment to be provided to each of the one or more business offices and provides the preferential treatment to each of the one or more business offices based on the aggregated registration record, the aggregated presentation record, and the rule.
However, Herz teaches a rule for calculating a preferential treatment to be provided to each of the one or more business offices and provides the preferential treatment to each of the one or more business offices based on the aggregated registration record, the aggregated presentation record, and the rule ( paragraphs [1171]- [1175], discloses each vendor given exclusive right to information about offers .., full time purchase competition …, vendor more vendors to sign into the SDI/community-dollars scheme, to be exempted from ad replacement technology and receive other preferential treatment). Therefore, it would have been obvious to the one ordinary skill in the art for the calculating a projected parameter amount associated with the supply chain distribution based on the growth value Hoffman with time-of-purchase competition scheme of Herz in order to encourage more vendors to sign into the SDI/ community-dollars scheme, to be exempted from ad replacement technology and receive other preferential treatment(Herz, paragraph [1174]).
Prior arts:
Hoffman et al (US Pub., No., 2003/0083947 A1) discloses a system, method and computer program product are disclosed for governing a supply chain consortium utilizing a network where an algorithm that is acceptable to each of a plurality of distributors/suppliers is determined. A contract is then established that requires a supply chain manager to manage the distributors/suppliers utilizing the algorithm.
Herz et al (US Pub., No., 2013/00097664 A1) discloses a secure data interchange system enables information about bilateral and multilateral interactions between multiple persistent parties to be exchanged and leveraged within an environment that uses a combination of techniques to control access to information, release of information, and matching of information back to parties.
Kawaguchi (US Pub., No., 2002/0165832 A1) discloses a shared product database for storing product information capable of being utilized by all of a plurality of retailers is provided. And product information to be registered in one's own product database can be prepared efficiently and in a short period of time by respective retailers using the product information already registered in the shared product database.
Lerner (US Pub., No., 2002/0010776 A1) discloses method and apparatus for integrating distributed shared services system which integrates web-based applications with each other and with other centralized application to provide a single sign-on approach for authentication and authorization services for distributed web sites requiring no access time back to the authentication/authorization server is provided.
Dakka et al. (Pub. No.: US 2008/0168019 Al) discloses for each document in a document set, entities are identified and a set of association rules, based on appearance of the entities in the paragraphs of the documents in the set, are derived. Documents are clustered based on the association rules. As documents are added to the clusters, additional association rules specific to the clusters can optionally be derived as well.
Response to Arguments
Applicant's arguments of 35 U.S.C 101 rejection with respect to claim 1-9 filed on 20 August 2025 have been fully considered but they are not persuasive. Applicants’ submits that the claims, as amended are directed to significant more than just the abstract idea not persuasive.
The claims involve:
Managing a common database accessible by members of a consortium.
Acquiring, transmitting, and presenting information.
Determining security concerns and logging/discarding information.
Aggregating records and calculating preferential treatments based on rules.
These steps, individually and in combination, are abstract ideas. The core of the invention appears to be a business method for managing information and incentives within a consortium. These types of "methods of organizing human activity" and associated data processing (aggregating, calculating, determining) using generic computer functions are often found to be abstract. The security concern check (determining a security concern and taking action based on a check of a communication path) is also a form of data processing or a mental step that can be performed by a human or a generic computer.
The additional elements of:
Generic Computer Implementation: The claims use a "consortium operation apparatus" and "terminals" which appear to be generic computer components used for their basic functions (data processing, communication, storage, display). Merely requiring generic computer implementation does not add an inventive concept.
Conventional Techniques: The steps of acquiring, storing, transmitting, aggregating, and displaying data are considered "well-understood, routine, and conventional" functions when performed by a computer.
No Improvement to Computer Functionality: The method does not appear to claim an improvement to the functioning of the computer itself or a non-conventional technical solution to a technical problem. The security check based on "a check of a communication path" may involve a technical aspect, but unless the manner of checking the communication path or the security concern determination is unconventional and improves the computer's functionality, it may still be considered a generic application of computing.
Thus, the 35 U.S.C 101 rejection is maintained for the reason as described above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SABA DAGNEW whose telephone number is (571)270-3271. The examiner can normally be reached 9-6:45.
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/SABA DAGNEW/Primary Examiner, Art Unit 3621